Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Year: 2007 Page 7 of about 65 results (0.139 seconds)

Sunita Laxmanrao Shinde and ors. Vs. Ashwini Co-operative Housing Soci ...

Court : Mumbai

Reported in : 2007(5)ALLMR347; 2007(6)BomCR341; 2007(4)MhLj866

..... suit was dismissed and the learned single judge of this court vide order dated 21-11-2006 also dismissed the appeal against order, which is impugned in the present letters patent appeal.4. we have heard the learned counsel appearing on behalf of the appellants and the respondent no. 1. we have also gone through the rival pleadings including ..... by his son. we also taken note of the fact that the deceased-plaintiff was pursuing the suit and had even made an application for amendment to bring subsequent events on record and that the amendment was carried out to the plaint. courts are no doubt burdened with huge arrears and the suits are required to be disposed of with ..... 3-1-2006, the statutory period of 90 days from the date of death of the deceased plaintiff/original applicant, who died on 18-11-2005, had not been completed. article 120 of the limitation act, 1963 provides for a period of 90 days from the date of death of the plaintiff, appellant, defendant or respondent, as the case may be .....

Centre for Public Interest Litigation Vs. Union of India (Uoi) and ors ...

Court : Delhi

Reported in : 139(2007)DLT289

..... the aspect of autonomy of the institute received greater recognition and continuous acceptance by passage of time. the legislative mandate behind amending the proviso to section 6(1) of the act by amending act of 25.8.2000 excluding the category covered under section 4(g) from being nominated to the body of the institute ..... an individual or body, compliance to the basic rule of law is mandatory. the discretion vested in the authorities when exercised arbitrarily, discriminately or in patent violation to the rules, does not invite judicial catechism as the courts are very reluctant to interfere in administrative decisions particularly relating to policy and governance. ..... mishandling the affairs of the hospital and he had taken one mr. mayank sharma on deputation for three years as senior financial advisor. on 1.3.2005, sh. debashish panda, was appointed as deputy director (administration) who gave him all administrative functions in violation to the procedures. the allegation is that there .....

M. Suresh Vs. Mrs. B. Sumathi and

Court : Chennai

Reported in : AIR2008Mad18; 2007(5)CTC330; (2007)5MLJ1388

..... high court when it is used in the sections relating to succession certificates. there is nothing in these sections to indicate that the definition in the amending act was not intended to apply to them.the words used are plain and unambiguous and read in their ordinary meaning give a high court jurisdiction to ..... its original jurisdiction and that under section the high court exercising its original jurisdiction had concurrent jurisdiction with the district judge.12. under clause 34, letters patent (1865), the high court's jurisdiction in testamentary matters is co-extensive with the limits of the province. this jurisdiction cannot be said to interfere with ..... the high court insofar as it entertains a petition and grant, revise or revoke the succession certificate and by virtue of clause 34 of the letters patent which gives the high court jurisdiction in testamentary and intestate matters, we hold that this court should have concurrent jurisdiction vested with the district judge within .....

Kanhaiyyalal Fattelalji Upadhyaya Deceased Through Lrs. Rukmani Wd/O K ...

Court : Mumbai

Reported in : 2007(2)ALLMR338; 2007(2)BomCR808; 2007(4)MhLj360

..... of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) ..... therefore, distinction between two jurisdictions stands almost obliterated in practice and hence, preliminary objection raised by the respondent nos. 1 to 4 about maintainability of the letters patent appeal is not sustainable in law. in order to substantiate the contentions, reliance is placed on the decisions of the apex court in mangalbhai and ors. ..... of the constitution and the jurisdiction exercised by the learned single judge was also under article 226 of the constitution only and hence, the letters patent appeal is maintainable. it was contended that in practice, the parameters for exercising jurisdiction to issue a writ of certiorari under article 226 and exercising .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... the order of redetermination of rent and, therefore, the impugned provisions were being given retrospective effect contrary to section 1 of bihar tenancy (amendment) act 1993 which enforces. the amendment act prospectively. a careful perusal of the relevant provisos makes it clear that second proviso is in respect of requirement to take prior permission ..... india, questioning the legality, validity and constitutionality of sub-section (4) of section 23 of the bihar tenancy act, 1885 (act 8 of 1987) ('tenancy act'), which came to be incorporated by the bihar tenancy (amendment) act, 1993 (bihar act 21, 1993) and also, resultant provisions in the 'bihar rent refixation rules, 1995' ('rent rules of 1995 ..... the raiyats covered by the impugned provisions must have a right of occupancy in respect of the concerned land. section 21a of the act introduced through an a amendment act 1947, created right of occupancy in every raiyat in all lands for the time being hold by him in a village subject to .....

Quadricon Pvt. Ltd. Vs. Bajarang Alloys Ltd.

Court : Mumbai

Reported in : AIR2008Bom88

..... v. premsukh chandamal ilr (1890) 15, bom 93, the plaintiff who had earlier obtained the leave under clause 12 of the letters patent applied for an amendment. telang, j held that granting the amendment would be permitting the plaintiff to obtain an adjudication upon a cause of action different from that for which leave of the court had been ..... 2004 that it was admitted on 10-12-2004 without leave having been sought or obtained.(b)(i) the defendant took out notice of motion no. 745 of 2005 raising a preliminary issue of jurisdiction under section 9(a) of the code of civil procedure, 1908 and for a declaration that this court does not have jurisdiction ..... delivery up and cancellation of the bill of exchange, the approach would necessarily be different.47. such a suit would fall under section 31 of the specific relief act which reads as under:31. when cancellation may be ordered.--(1) any person against whom a written instrument is void or voidable, and who has reasonable apprehension that .....

Mrs. S. Bagavathy Vs. State of Tamil Nadu, Rep. by Its Secretary, Law ...

Court : Chennai

Reported in : 2007(2)CTC207

..... are repugnant to the existing provisions of the (i) reserve bank of india act, 1934 read with banking regulation act, 1949; (ii) companies act, 1956; and (iii) criminal law amendment ordinance, 1944 as made applicable by the criminal law (tamil nadu amendment) act, 1997, wherein procedure prescribed for repayment of the dues is more reasonable and ..... india8.3. issue no. (ii): 'whether the tamil nadu government has legislative competence to enact the impugned tamil nadu act?'a) vijay c. puljal v. state of maharashtra : (2005)107bomlr983 - (the maharashtra act)b) the principles governing the test of legislative competency(a) articles 245 and 246 of the constitution of india(b) ..... full bench of the bombay high court reported in vijay c.puljal v. state of maharashtra : (2005)107bomlr983 , the present batch of writ petitions came to be filed challenging the provisions of the tamil nadu act once again, both on the ground of legislative competency and unreasonableness, violating articles 14, 19(1)( .....

Fareeda Textiles Rep. by Its Managing Partner, Mr. Mohammed Rafee Vs. ...

Court : Chennai

Reported in : IV(2008)BC411; 2008(3)CTC416

..... )3mlj191 ponnammal v. subburaman and anr. it is observed as follows:code of civil procedure, 1908, order 8, rules 1, 5(2), 9 and 10 ( as amended by central act 96 of 1999 and 22 of 2002), section 148 - time limit fixed for filing written statement - written statement to be presented within 30 days from the date of ..... should exercise its powers to receive written statement beyond specified period very carefully - liberal exercise of such power would defeat the object of legislature in bringing about the amendment to code of civil procedure - defendant has to establish that he could not file written statement for reasons beyond his control and written statement is necessary to ..... to exercise such a power liberally or without any basis, then it will be against the intention and the object of the legislature in bringing out the amendment and further the judicial discretion of the courts has to be exercised sparingly on valid grounds and only if the courts are satisfied that the defendant could .....

Soleman Ali (Md.) Vs. State of Assam and ors.

Court : Guwahati

..... degree level of homeopathic medical college and the admission in the diploma course had been stopped. in terms of the homeopathy (minimum standard of education) amendment regulation, 2002, diploma in homeopathy was not construed to be the adequate academic qualification to hold a teaching post in the degree level homeopathic college. ..... preferred.12. noticeably, the respondent no. 3, as alluded hereinabove, has abstained from contesting the proceedings. his appointment in view of the above determination being patently illegal is, therefore, quashed. the vacancy for the obc candidate proposed to be filled up would be carried over. the respondents would appoint the petitioner against ..... it to be mandatory to maintain the 20 point roster under the assam scheduled caste and scheduled tribes (reservation of vacancy in services and posts), act, 1978, and the rules framed thereunder have pleaded that such roster is applicable for the filling up the post of demonstrators in the three homeopathic .....

Jindal Strips Limited and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)12VST149(P& H)

..... 'restriction' contemplated in article 301 of the constitution. this court also took into account provisions incorporated in the constitution of india by 73rd and 74th constitutional amendment acts by way of parts ix and ixa, providing for conferring powers on panchayats and local bodies to enable them to function as institutions of self government in ..... 301, the state must satisfy the court that for the special benefits, which the traders are claimed to have been provided with, the traders are not paying 'patently much more than what is required for providing facilities'. this test has been adhered even in jindal stainless ltd. : [2006]283itr1(sc) . in a case of ..... 11, 2006 which shows that rs. 1,170.16 lacs, during 2003-04, rs. 2,250 lacs during 2004-05, rs. 103.80 crores during 2005-06 were released to the panchayati raj institutions. the information shows that the funds aforementioned were actually required for developing and maintaining infrastructure facilities useful for free-flow .....